§9174.3 CANNABIS RETAILERS — Ukiah Zoning Code

A. Applicability: The standards and requirements in this section apply specifically to cannabis retailers, as defined in section 9278 of this code, and other cannabis businesses with a retail component, and shall apply in addition to the requirements and standards for all cannabis businesses set forth in section 9174.2 of this code and elsewhere in this code. In the event of any conflict between the requirements of this section and those included elsewhere in the City Code, the requirements of this section shall control.

B. Definitions: For the purposes of this chapter, the following words and phrases shall have the following meaning:

"Adult use" means a person the age of twenty-one (21) or over with a valid State ID, who is qualified to purchase cannabis from an established cannabis business.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.
"Identification card" shall have the same definition as in California Health and Safety Code section 11362.7, and as it may be amended.
"Medical cannabis" or "medicinal cannabis" means cannabis that is intended to be used for medical cannabis purposes in accordance with State law.
"On site" means an activity or accessory use that is related to the primary use – i.e., lawful, retail distribution of cannabis – and is located on the same legal parcel as the primary use. 6. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. 7. "Qualified patient" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.

C. Operating Requirements:

Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a cannabis retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the cannabis retailer in question dispenses cannabis for medical use. Adult use cannabis retailers shall only allow on the premises a person who is twenty-one (21) years of age or older and who possesses a valid government-issued photo identification card.
Cannabis Retailer Access:

a. The entrance into the cannabis retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance.

b. Cannabis retailer personnel shall monitor site activity, control loitering and site access.

c. Only cannabis retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises.

d. Only a primary caregiver and qualified patient or persons the age of twenty-one (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby.

e. Restrooms shall remain locked and under the control of management.

Operations:

a. The cannabis retailer may sell cannabis or cannabis products to an individual only in an amount consistent with personal possession and use limits allowed by the State.

b. A cannabis retailer shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis.

Hours Of Operation: Hours of operation are limited to nine o’clock (9:00) A.M. to nine o’clock (9:00) P.M., seven (7) days a week.
Consumption Restrictions: a. Except as set forth in subsections C5b and C5c of this section, cannabis shall not be consumed on the premises of the cannabis retailer, nor within any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the cannabis retailer’s entrance. b. Cannabis may be consumed in a designated cannabis consumption area on the premises of a cannabis retailer upon approval of a use permit or modification of an existing use permit. The smoking of cannabis may be permitted in a designated cannabis consumption area as may be allowable under State law and subject to the terms of the use permit. A cannabis retailer’s operation and use of a cannabis consumption area shall otherwise comply with the provisions of Division 5, Chapter 7 of this code, entitled "No Smoking." Cannabis consumption areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing use permit is modified to reflect the creation of a cannabis consumption area, that use permit shall be subject to renewal one year after the cannabis consumption area has become operational.

of Division 5, Chapter 7 of this code, entitled "No Smoking." Cannabis consumption areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing use permit is modified to reflect the creation of a cannabis consumption area, that use permit shall be subject to renewal one year after the cannabis consumption area has become operational.

c. A retailer with a cannabis consumption area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and State laws.
d. Cannabis consumption areas shall be located in well-ventilated, private areas partitioned from access to all other areas of the premises, as well as from adjacent properties. Any cannabis consumption areas
which allow smoking and vaping of cannabis products shall be designed to prevent the flow of smoke to any other area of the premises or adjacent property.
e. Cannabis retailer operations shall not result in illegal redistribution of cannabis obtained from the cannabis retailer, or use in any manner that violates local, State or City codes.
f. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City-owned parks and/or City-sponsored events where designated as
nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this code and as amended, enclosed places and places of employment
as defined in sections 4503 and 4505 of this code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of
the general public, except while actively passing through on the way to another destination. Nothing in this section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air
Act of 1976,Health and Safety Code section 118875 et seq. and as amended.
6. Retail Sales and Cultivation:
a. No cannabis shall be cultivated on the premises of the cannabis retailer, except in compliance with this section and with sections 6093 and 9254 of this code and applicable State laws and regulations.
b. Cannabis retailers may keep on the premises immature nursery stock cannabis plants, or clones, that are not intended to be raised to maturity by the cannabis retailer but instead sold to adult use patrons
or qualified patients.
c. Up to one hundred fifty (150) square feet of the total square footage of the cannabis retailer may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to
rolling papers and related materials and devices, pipes, water pipes, and vaporizers.
d. Retail sales of cannabis that violate California law or this code are expressly prohibited.
7. Floor Plan: Cannabis retailers or other cannabis businesses with a retail component shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for
dispensing cannabis to qualified patients or designated caregivers or to eligible adult use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site driveways.
D. Site Management:
1. The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the
premises and adjacent properties during business hours if directly related to the patrons of the subject dispensary.
a. "Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in
making the request.
b. "Nuisance" includes, but is not limited to, disturbances of peace, open public consumption of cannabis or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of passersby,
excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or excessive police detentions and arrests.
2. The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.
E. Alcoholic Beverages: No cannabis retailer shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises
that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.
F. Delivery: A cannabis retailer located in the City may deliver cannabis to qualified patients and caregivers and to persons eligible for adult-use at their residence in the City or to the same class of persons
outside the City’s jurisdiction. Such permissible delivery of cannabis to qualified patients or adults at least twenty-one (21) years of age within the City limits shall be limited to delivery by lawfully operated,
permitted retailers. All other cannabis delivery is a prohibited activity in the City, except where the City is preempted by Federal or State law from enacting a prohibition on such activity. (Ord. 1226, §8,
adopted 2022; Ord. 1230, §2, adopted 2023; Ord. 1253, §5, adopted 2025)
§9174.4 COMMERCIAL CANNABIS CULTIVATION
A. Applicability: The standards and requirements in this section apply specifically to commercial cultivation of cannabis as defined in section 9278 of this code, and shall apply in addition to the applicable
requirements and standards for all cannabis businesses set forth in section 9174.2 of this code and elsewhere in this code. In the event of any conflict between the requirements of this section and those
included elsewhere in the City Code, the requirements of this section shall control.
B. Development Criteria:

c. A retailer with a cannabis consumption area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and State laws.
1. Location Of Commercial Cannabis Cultivation: All commercial cannabis cultivation businesses shall comply with the limitations on location for cannabis-related businesses set forth in subsection 9174.2F
of this code, except that businesses located in the A-E District and in a district combined with A- Overlay shall be exempted from these location limitations.
2. Setbacks: Commercial cannabis cultivation areas shall be set back a minimum of fifty feet (50') from all lot lines and shall comply with the setback requirements set forth the State Water Resources Control
Board’s comprehensive Cannabis Cultivation General Order.
C. Operating Requirements:
1. Cannabis Waste Discharge Requirements General Order: A commercial cannabis cultivation business shall demonstrate compliance with the State Water Resources Control Board’s comprehensive
Cannabis Cultivation Policy which includes principles and guidelines for cannabis cultivation, including regulations on the use of pesticides, rodenticides, herbicides, insecticides, fungicides, disinfectants,
and fertilizers, within the State.
2. Odor Control: A structure for indoor or mixed-light cultivation must be equipped with a filtration and ventilation system to control odors, humidity, and mold; provided, that structures containing only
packaged cannabis products may be excluded from this requirement.
3. Lighting: All lighting is to be fully shielded and downward casting so that it does not spill over onto neighboring properties. For operations cultivating within structures, all light is to be fully contained to
minimize light trespass that is visible from neighboring parcels. A photometric and supplemental lighting plan shall be provided as a component of the application.
4. Accessory Uses: Cannabis cultivation may include accessory uses on the same parcel that directly support the on-site cannabis cultivation, such as: propagation, research and development, processing,
drying, packaging and labeling, distribution, and other similar support uses as determined by the Zoning Administrator.

Limitations On Cannabis Harvesting Activities: In order to minimize cannabis odors, the drying, curing, and/or trimming of harvested cannabis shall either (a) be located within an enclosed structure which utilizes best available control technology, or (b) include techniques and/or equipment (e.g., the use of freeze drying techniques/equipment and immediate packaging of harvested cannabis in the field) that shall achieve an equivalent or greater level of odor control as could be achieved using an enclosed structure which utilizes best available control technology, or (c) be located at a sufficient distance from neighboring residential structures so as to avoid odor intrusion as a public nuisance as described in subsection 9254B4 of this code.

ediate packaging of harvested cannabis in the field) that shall achieve an equivalent or greater level of odor control as could be achieved using an enclosed structure which utilizes best available control technology, or (c) be located at a sufficient distance from neighboring residential structures so as to avoid odor intrusion as a public nuisance as described in subsection 9254B4 of this code.

Generators: Generator use for cannabis cultivation must comply with the requirements set forth in California Code of Regulations, title 4, section 16306, as may be amended from time to time. (Ord. 1190, §3, adopted 2018; Ord. 1253, §5, adopted 2025)